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STATE v. METCALFE

No. SCWC-30518.

297 P.3d 1062 (2013)

129 Haw. 206

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Kevin C. METCALFE, Petitioner/Defendant-Appellant.

Supreme Court of Hawai`i.

March 19, 2013.

Attorney(s) appearing for the Case

Summer M.M. Kupau, for petitioner.

Ricky R. Damenalle, Hilo, for respondent.

RECKTENWALD, C.J., NAKAYAMA, and McKENNA, JJ.; with ACOBA, J., Dissenting Separately, with whom Circuit Judge SAKAMOTO, Assigned by Reason of Vacancy, joins.

Opinion of the Court by RECKTENWALD, C.J.

On the night of May 6, 2009, the Hawaii County Police Department received a 911 call from Defendant Kevin C. Metcalfe. Metcalfe stated that he had just fired a 12-gauge shotgun at a burglar on his property:

I told `em, `Get down.' Then he says, `Ah, [] you.' He said somethin'. I don't know, and so I shot a round on the ground. I shot one, you know, away from him. . . . . He — he just kinda...

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